AUSTIN, Texas — By August 29, a panel of Texas senators could recommend whether to dismiss articles of impeachment against suspended Attorney General Ken Paxton.
That date falls just one week before the impeachment trial is set to begin in the state Senate. The deciding factor the Senate Special Committee on Rules & Procedures for Court of Impeachment will consider is the timing of Paxton's alleged actions.
“The biggest blockbuster will be the pretrial motions because they’re the ones that effectively could dismiss the entirety of the case against the suspended attorney general," said KHOU 11 political expert and University of Houston political science professor Brandon Rottinghaus.
Paxton's lawyers argue that because the alleged events took place before he was re-elected last November, the state's constitution does not allow for impeachment.
However, Rottinghaus said most of the evidence wasn't made public until after the election was held. He said the argument made in the pre-trial motion is based on the "prior term doctrine" of the Texas Constitution.
“This doctrine effectively says that if the person was elected and re-elected, then the voters have essentially absolved them from any kind of issue that might come up in terms of impeachment. So, constitutionally, they’re not allowed to impeach that person.”
Previously, the Texas Senate published nearly 4,000 pages of exhibits submitted by the House impeachment managers. They lay out how Paxton allegedly abused his office to help campaign donor and Austin real estate developer Nate Paul.
“There’s a ton of detail here. Thousands of pages of information. Most of this was not known to the public before last week. So, the House impeachment managers are gonna make the case that these are things that the public didn’t know, and therefore, they should continue to include those as articles of impeachment," Rottinghaus explained.
Rottinghaus said case law on the matter is also inconsistent on which election the doctrine refers to. Paxton has been elected to the office of attorney general three times, the first in 2014.
According to impeachment rules, dismissing any articles of impeachment requires a majority vote of senators before opening statements start on Sept. 5.
How to watch the impeachment trial
The public will be able to watch the impeachment trial in person on a limited basis. Anyone wishing to watch in person will need to get a ticket, which will be distributed on the third floor outside the Senate gallery on a first-come-first-served basis.
Tickets for morning sessions will be distributed at 7:30 a.m. each day. For afternoon sessions, tickets will be distributed 45 minutes before the gallery reopens.
The Senate has set the following guidelines for those who wish to watch in person:
- No food or beverages in the Senate gallery
- Cell phones, PDAs and related electronic devices must be turned off or set to vibrate
- No cameras allowed
- No electronic music devices or games allowed
- No talking, clapping or demonstrations allowed
- All persons must remain seated at all times
People found in violation of these guidelines may be removed from the gallery and denied readmission.